FOR FCC RECORD ONLY
$//TCI of Northern New Jersey, MO&O, DA-95-505//$
$/76.922 Rates for Cable Programming Service Tiers/$
$/benchmark cable rates$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                             Washington, D.C.

                                                                  DA 95-505

In the matter of:     )
     )
TCI of Northern New Jersey, Inc. )      CUID Nos. NJ0191, NJ0195, NJ0201,      
Township of Pequannock, New Jersey     )            NJ0204 and NJ0219 
Township of Ridgewood Village, New     )     
Jersey          )
Borough of Bogota, New Jersey    )
Township of Teaneck, New Jersey  )
City of Clifton, New Jersey      )
     )
Benchmark Filing To Support      )
Cable Programming Service Price  )

                       Memorandum Opinion and Order

Adopted:  March 15, 1995         Released:  March 17, 1995

By the Deputy Chief, Cable Services Bureau:

     1.  Here we consider complaints about the price TCI of Northern New Jersey, Inc.
("TCI") was charging for its cable programming service ("CPS") tier in the New Jersey
communities designated by the community unit identification ("CUID") numbers referenced
above.  TCI has chosen to attempt to justify its price through a benchmark showing by filing
amended FCC Form 393s for each of these communities that are identical in all respects. 
This Order addresses the reasonableness of TCI's CPS tier price for each of these
communities only through May 14, 1994.  At a later time we will issue a separate order
addressing the reasonableness of the price for each of these communities after that date.

     2.  Under the Cable Television Consumer Protection and Competition Act of 1992,
and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the Commission must review
CPS prices upon the filing of a complete and timely complaint.  The filing of a complete and
timely complaint triggers an obligation on behalf of the cable operator to file a justification of
its CPS prices.  Under our rules, an operator may attempt to justify its prices through either a
benchmark showing or a cost-of-service showing.  In either case, the operator has the burden
of demonstrating that its CPS prices are not unreasonable.

     3.  The Commission's original rate regulations took effect on September 1, 1993. 
The Commission subsequently revised its rate regulations effective May 15, 1994.  Operators
with complete and timely CPS complaints filed against them prior to May 15, 
1994 must demonstrate that their CPS prices were in compliance with the Commission's
initial rules from the time the complaint was filed through May 14, 1994, and that their prices
were in compliance with the revised rules from May 15, 1994 forward.  Operators attempting
to justify their prices for the period prior to May 15, 1994 through a benchmark showing
must complete and file FCC Form 393.  Generally, to justify their prices for the period
beginning May 15, 1994 through a benchmark showing, operators must use the FCC Form
1200 series.

     4. TCI asserts that its monthly CPS price is justified by its benchmark filing because
this price is less than the maximum permitted charge.  Upon review, we have found no
apparent errors that would result in TCI's tier price exceeding its maximum permitted price.

     5.  Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R.  0.321, that the complaints referenced herein against the cable programming
service price charged by TCI of Northern New Jersey, Inc. in the Township of Pequannock,
New Jersey, CUID No. NJ0191; Township of Ridgewood Village, New Jersey, CUID
No. NJ0195; the Borough of Bogota, New Jersey, CUID No. NJ0201; the Township of
Teaneck, New Jersey, CUID No. NJ0204; and the City of Clifton, New Jersey, CUID No.
NJ0219 ARE DENIED TO THE EXTENT INDICATED HEREIN.



                                                     FEDERAL COMMUNICATIONS COMMISSION 


                                                     Gregory J. Vogt  
                                                     Deputy Chief, Cable Service Bureau